Interstate Visitation Rights
In the context of divorce and child custody, visitation rights refer to the legal permission granted to a non-custodial parent to spend time with their child or children. These rights are typically determined by the court during divorce proceedings. However, when one parent resides in a different state, the situation can become more complex. This article will explore the legal provisions and procedures related to interstate visitation rights in North Dakota.
North Dakota Statutes on Interstate Visitation
According to the North Dakota Century Code (NDCC), specifically sections 14-14.1-24 and 14-14.1-25, a court in North Dakota that does not have jurisdiction to modify a child custody determination can issue a temporary order enforcing a visitation schedule made by a court of another state. This means that if you live in another state and a visitation schedule has been established by a court in that state, North Dakota courts can enforce this schedule.
Registration of Child Custody Determination
The NDCC 14-14.1-25 provides for the registration of a child custody determination issued by a court of another state in North Dakota. This can be done by sending a letter or other document requesting registration to the district court in North Dakota. This registration can be done with or without a simultaneous request for enforcement. This means that if you have a custody determination from another state, you can register it in North Dakota, which can help in enforcing your visitation rights.
Enforcement of Child Custody Determination
The NDCC 14-14.1-24 allows a court in North Dakota to enforce a child custody determination made by a court of another state. This includes the visitation provisions of a child custody determination that does not provide for a specific visitation schedule. The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
Testimony in Another State
According to NDCC 14-14.1-10, a party to a child custody proceeding may offer testimony of witnesses who are located in another state. This includes the testimony of the parties and the child, by deposition or other means allowable in North Dakota for testimony taken in another state. This provision can be particularly useful if you live in another state and need to provide testimony or evidence in a child custody or visitation case in North Dakota.
Conclusion
In conclusion, if you live in another state and wish to request visitation rights in North Dakota, it is possible under certain conditions. You can enforce a visitation schedule made by a court of another state, register a child custody determination from another state in North Dakota, and provide testimony from another state in a North Dakota court. However, it is important to consult with a legal professional to understand the specific requirements and procedures involved.